What Is Defamation of Character?

"Libel" and "slander" fall under the larger legal umbrella of "defamation." Libel is written defamation, and slander is spoken defamation. In this article, we'll explore the legal definition of defamation, explain what you'll need to prove in order to bring a successful civil lawsuit for defamation, and more.

Defamation Defined

Defamation is typically defined as:

• a false statement someone makes about you
• made as a statement of fact (not opinion)
• that is "published" or made to at least one other person, and
• which hurts your personal or professional reputation, or causes you other harm ("damages"), including financial loss and emotional distress.

Learn more about the legal elements of a libel or slander claim.

Let's look a little closer at these elements in the context of what needs to be proven in defamation cases, plus a few special rules.

What Defamation Claimants Need to Prove

To win a defamation claim as a private individual, in line with the elements listed above, you must first show that the statement was false. If the statement is true—no matter how unflattering it may be—your claim will fail, because truth is an absolute defense to a defamation action.

Opinions Aren't Defamation

A statement that is merely someone's opinion isn't defamatory, unless it's presented as if it were a fact. If someone writes, "I don't think John Smith is a very good electrician," that's most likely protected opinion. Courts don't want to hinder free speech, even about controversial subjects, so opinions are generally considered protected speech, and can't form the basis of a defamation claim.

What about the statement "John Smith is a dishonest electrician, and I have proof that he swindles his customers"? If it's not true that John Smith swindles his customers, this statement could lead to a valid defamation claim by John Smith.

The "Publication" Requirement

The most common examples of publication would be posting online, inclusion in a newspaper or magazine, or repetition on a news broadcast, but if the speaker repeats the statement to any third party, it may still constitute defamation.

Harm May Be Presumed

Some kinds of false statements are presumed to be harmful (or defamatory "per se" in the language of the law), including claims that the plaintiff (the person suing for defamation):

• committed an immoral act or a crime
• is incompetent or dishonest in their profession, or
• has an infectious disease.

Learn how to calculate damages in a defamation case.

Special Defamation Rules For Public Figures

Public figures or officials (such as celebrities or politicians in local government) usually must prove that "actual malice" existed in the making of a statement before it can be considered defamatory. That means the statement was made by a person who either:

• knew it was false at the time, or
• showed "reckless disregard" for whether it was true or false.

Defamation In the Real World

An example of a defamatory statement may be an accusation made against a public official—such as a claim that they took a bribe or committed a crime, assuming the allegation is presented as a fact. An accusation of "police brutality" or immorality may also be defamatory. Allegations of adultery or other sexual misconduct may be considered defamatory if they are false.

Today, the pervasiveness of social media posts and other online content makes it difficult to draw the line between opinion and defamatory speech. But not everything posted online is automatically deemed opinion. Learn more about online defamation and libel.

Privilege and the "Right" To Make a Damaging Statement

Truth is not the only defense to a defamation claim. Certain statements, even if defamatory, may be considered "privileged" and can't form the basis of a libel or slander lawsuit.

The rules of privilege are complicated, but one example is statements made by officials in the context of legislative proceedings, investigation, or other official duty. These statements may not be sued over even when they're otherwise defamatory, because the law thinks it's in the best interest of the public for officials not to be hampered in their ability to perform their jobs. The same may be true of statements made in court. Privileged speech may be absolutely protected or "qualified" (protected under certain conditions), depending on the jurisdiction. Learn more about the "privilege" defense to a defamation claim.

Defamation cases are inherently complicated, and often turn on very subtle interpretations of the law and available evidence. If you're thinking about bringing this kind of case to court, learn about an attorney's role in a defamation lawsuit.